Qwest Communications
Corporation has requested permission to install underground fiber optic
facilities across a portion of Darden Towe Park. The proposed facilities will
be exclusively for governmental use. It is a part of a Richmond to
Charlottesville link. Darden Towe Park is jointly owned by the County and the
City of Charlottesville. The installation is proposed to be authorized by an
Underground Right-of-Way License Agreement. This Agreement must be authorized
by both the County and City.

STRATEGIC PLAN:

Goal: 2.2
Protect and/or preserve the County's natural resources

DISCUSSION:

Qwest Communications
Corporation is requesting the County and City to approve an Underground
Right-of-Way License Agreement permitting it to install fiber optic facilities
across a portion of Darden Towe Park. The proposed location of the fiber optic
facilities will not interfere with park activities. If a conflict arises in the
future, Qwest agrees that the facilities will be relocated at no expense to the
County or City. The installation will not necessitate substantial land
disturbance and will not damage existing trees. Because of legal limitations
placed on cities, the term of the proposed Agreement is five years. A fair
market value annual fee will be charged for the License. City Council is
considering this request at its January 3, 2006 meeting.

The Director of Parks and
Recreation has reviewed the request and does not object to the proposal. The
County Attorney has reviewed the proposed Agreement and finds that it addresses
the County’s legal issues and concerns.

BUDGET IMPACT:

This request has no budget
impact.

RECOMMENDATIONS:

Staff recommends that the
Board authorize the County Executive to execute the Underground Right-of-Way
License Agreement for Darden Towe Park requested by Qwest Communications
Corporation in a form reviewed and approved by the County Attorney.